N.J. open space bill moves forward, but lawmakers are racing to get question on ballot

A hay farm in Harding Township. New Jersey voters would be asked to have state leaders dedicate hundreds of million of dollars every year for preserving open space, farms and historic sites under a measure being considered in the Legislature.Star-Ledger file photo

TRENTON — A measure that would ask New Jersey voters to dedicate $200 million each year for open space preservation took another step forward today, but lawmakers will still have to scramble this summer to get the question on the November ballot.

The state Senate environment and energy committee advanced the resolution (SCR160) and held a public hearing on the issue today, weeks after an earlier version stalled in the state Assembly because of concerns about its price tag.

But lawmakers are racing against time. Both houses of the state Legislature must pass the resolution by a three-fifths majority — 48 out of 80 in the Assembly, 24 out of 40 in the Senate — by Aug. 4 to place the question before voters this year.

Senate President Stephen Sweeney (D-Gloucester) is working to find a day to call back lawmakers for a full vote, said Sen. Bob Smith (D-Middlesex), chairman of the environmental committee. Assembly Speaker Sheila Oliver (D-Essex) would need to do the same.

"We're hoping to get the speaker to have a session — and hopefully we can get this on this year's ballot," Smith said. "There's a chance."

The new resolution would ask voters if they want to change the state constitution to guarantee $200 million per year in sales tax revenue is used for preserving open space, farms and historic sites. The diversions would last for 30 years, adding up to about $6 billion.

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Smith said passing the resolution is key as New Jersey continues to recover from Hurricane Sandy's destruction, helping the state acquire flood-prone property and convert it to open space.

Earlier this week, Gov. Chris Christie announced the first batch of home buyouts to Sandy victims — an effort that will cost $39 million out of a total $300 million the Federal Emergency Management Agency (FEMA) has pledged to New Jersey.

But Smith said that money is only a "scratch" of what the state needs.

"Over the next 30 years, we're going to need to remold and reshape New Jersey so that we're more resilient to these storms," the state senator said. "And that means getting people and property out of harm's way."

An earlier version of the resolution passed the full Senate, 36-2, in June, but faced opposition in the Assembly after it was rushed to the floor on the last day before the summer recess. Democratic leadership pulled the resolution after a closed-door meeting.

That referendum would have asked voters to dedicate about 1/35th of the state's sales tax revenue for open space. While it would have started at around $200 million per year, the nonpartisan Office of Legislative Services said that would rise as the state took in more sales tax revenue, estimating it may cost $17 billion over three decades.

Even as amended, the loss of sales tax revenue would need to be made up elsewhere in the budget. Critics — including two of the state's most vocal environmental groups, the Sierra Club and the New Jersey Environmental Federation — have said a constitutionally dedicated funding mechanism for open space would come at the expense of other important programs.

"Open space is supposed to be part of sustainability but if the funding mechanism isn’t sustainable, it will lead to cuts in other environmental programs and that will make the state not sustainable," said Jeff Tittel, the Sierra Club's New Jersey director. "We need to fund open space in a way that protects the environment and other important environmental programs."

Historically, the state has sold bonds to raise money for preserving open space, farms and historic sites. Voters approved such borrowing more than a dozen times, as recently as 2009. But the $400 million the state raised with that sale has been allocated.